NY State Assembly Bill 2009-A9546

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 09, 2010	print number 9546a
Jun 09, 2010	amend and recommit to higher education
Jan 14, 2010	referred to higher education

Bill Amendments

Original

A (Active)

2009-A9546 - Details

See Senate Version of this Bill:: S7047
Current Committee:: Assembly Higher Education
Law Section:: Education Law
Laws Affected:: Add Art 167 §§8800 - 8809, Ed L
Versions Introduced in 2011-2012 Legislative Session:: A354

2009-A9546 - Summary

Relates to licensing the practice of polysomnographic technology; establishes requirements and procedures for professional licensure and registration; allows limited permits to be issued to eligible applicants; establishes mandatory continuing education for licensed polysomnographic technologists.

2009-A9546 - Sponsor Memo

                                BILL NUMBER:A9546

TITLE OF BILL:  An act to amend the education law, in relation to
licensing the practice of polysomnographic technology

PURPOSE OR GENERAL IDEA OF BILL: To ensure that persons suffering from
sleep disorders are diagnosed and treated only by competent and quali-
fied polysomnographic technology professionals who are licensed and
registered with the State Education Department.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill would add a new
Article 167 (§8800 to § 8809) to the Education Law to prescribe the
requirements and related provisions for the practice of polysomnographic
technology in New York State, as follows:

§ 8800. Provide that Education Law Article 130, related to standards of
professional misconduct and unauthorized acts, would apply to the prac-
tice of polysomnographic technology.

§ 8801. Define the terms "practice of polysomnographic technology" and
"practice of the profession of polysomnographic technology" which relate
to the diagnosis and treatment of sleep/wake disorders, syndromes and
dysfunctions.

§ 8802. Require that only a person who is licensed and registered, or
exempt from such requirements, shall practice polysomnographic technolo-

gy.

§ 8803. Authorize only a person licensed pursuant to this new article to
use the title of "licensed polysomnographic technologist", "polysomno-
graphic technologist" or "licensed sleep tech".

§ 8804. Establish the State Committee for Polysomnographic Technology to
assist the State Board of Medicine on polysomnographic technology
matters, and which shall also function as the State Board of Polysomno-
graphic Technology. The Committee shall be comprised of nine members
appointed by the Board of Regents, upon recommendation of the Commis-
sioner of Education, and shall include five licensed polysomnographic
technologists, two licensed respiratory therapists with training and/or
experience in sleep disorders, one licensed physician who practices in
the field of sleep medicine, and one representative of the public.

§ 8805. Prescribe the qualifications for a polysomnographic technology
license, including that a prospective licensee:

a. File an application with the State Education Department;

b. Have an associate degree in polysomnographic technology from an
accredited college or university, or completed course work substantially
equivalent to an associate degree program in polysomnographic technology
which is satisfactory to the Commissioner of Education for the practice
of polysomnographic technology;

c. Have experience satisfactory to the State Board of Polysomnographic
Technology;

d. Pass an examination satisfactory to the Board;

e. Be at least eighteen years of age;

f. Be of good moral character, as determined by the State Education
Department; and

g. Pay a one-time licensure fee of three hundred dollars.  Require each
licensed polysomnographic technologist to register every three years
with the State Education Department and pay a fee of three hundred
dollars for each registration period.

§ 8806. Authorize the State Education Department to issue limited
permits to persons who fulfill all of the licensing requirements except
the examination requirement. Such permittee would only be authorized to
practice under the direction and supervision of a licensed physician,
and under the direct and immediate supervision of a licensed polysomno-
graphic technologist or other appropriately competent physician or
health care professional. The limited permits would be valid for one
year, may be renewed for an additional year, and would be issued upon
payment of a fifty dollar fee.

§ 8807. Exempt from the licensure and registration requirements would be
those persons who are:

a. Students enrolled in registered polysomnographic technology education
programs or registered respiratory care programs;

b. Qualified and licensed, certified, or registered health care provid-
ers;

c. Polysomnographic practitioners legally qualified in any other state
or territory and who are performing duties related to their service in
the armed forces, the United States Public Health Service, or the Veter-
an's Administration;

d. Licensed respiratory therapists or respiratory therapy technicians;
and

e. Practicing polysomnographic technology for approved clinical research
purposes, under the direction and supervision of a licensed physician.

§ 8808. Authorize a person who has not passed the examination or satis-
fied the education requirement to be licensed as a polysomnographic
technologist if, within one year of the effective date of the implement-
ing regulations, the person:

a. Files an application and pays the appropriate licensing fee to the
State Education Department;

b. Is certified by a national certifying or accrediting board for poly-
somnography acceptable to the State Education Department; and

c. Has practiced polysomnography under the direction and supervision of
a licensed physician who specializes in the practice of sleep medicine
for eighteen months or more in the previous three years; provided that
such experience shall not be acceptable for licensure after December 31,
2011.

§ -8809. Require each licensed polysomnographic technologist to complete
a minimum of twenty-four hours of continuing education acceptable to the
State Education Department during each triennial period, with such
-person not being issued a certificate of registration unless such
requirement has been satisfied. Exemptions from the continuing education
requirement would be provided to licensed polysomnographic technologists
in their first triennial registration period and those licensees not
engaged in the practice of polysomnographic technology, evidenced by a
filing statement with the Department. The State Education Department
would be authorized to issue a one-year, conditional registration to a
licensee who fails to meet the mandatory continuing education require-
ment, provided the licensee agrees to complete any additional education
the Department may require and pay the triennial registration fee.
Licensed polysomnographic technologists would be required to maintain
adequate documentation of completion of the continuing education course
work and provide such documentation upon request of the Department.

JUSTIFICATION: Insufficient or irregular sleep is a growing national
health issue. It is estimated that between 40 and 70 million Americans
suffer from sleep disorders and an additional 20 to 30 million people
have intermittent sleep-related problems. The human and economic costs
resulting from sleep deprivation and sleep disorders are staggering with
sleep disorders having repeatedly been found to greatly heighten the
risk of many serious illnesses including colon cancer, breast cancer,
heart disease, stroke, diabetes, Sudden Infant Death Syndrome and obesi-
ty. Additionally, there are thousands of deaths and injuries attribut-
able to sleep-related vehicular accidents each year, which account for
approximately twenty percent of all vehicular accidents. The economic
cost of sleep-related disorders is estimated to be up to $150 billion
annually in employment absenteeism and lost productivity with an addi-
tional $50 billion to $100 billion in indirect costs related to accident
litigation, destruction of property, medical care, and death. There are
over eighty different.classified sleep disorders including chronic
insomnia, sleep apnea, restless leg syndrome, narcolepsy, and parasomni-
as. In addition to the millions of Americans known to suffer from sleep
disorders, ninety-five percent of all persons with sleep disorders
remain undiagnosed because many health care providers are neither
adequately trained nor informed to diagnose and treat sleep disorders.

Given the compelling health issues and costs at stake, the diagnosis and
treatment of sleep disorders has become a vital health care issue. In
response to this need, there has been an emergence of independent sleep
centers, sleep labs and hospitals using state-of-the-art equipment to

monitor, test and treat patients suffering from sleep disorders. These
facilities rely upon a team of professionals including physicians
specializing in sleep disorders, nurses, respiratory therapists, and
polysomnographic technologists.

As the diagnosis and treatment of sleep disorders has developed, poly-
somnographic technologists have played an integral and, perhaps, the
most visible function in patient care including administering sleep
tests and working with physicians to provide information needed for the
accurate diagnosis and treatment of such disorders. They typically are
responsible for: gathering and analyzing patient information and ensur-
ing the appropriate tests are performed; administering tests which may
involve connections of electrodes, sensors, and air masks; monitoring,
scoring and evaluating test results; and ensuring patient safety. Poly-
somnographic technologists are highly trained and often experienced
professionals who work under the supervision of, and in cooperation
with, physicians and other health care providers. Importantly, since the
diagnosis of a patient usually occurs over a one- or two-night period,
polysomnographic technologists are relied upon to work overnight shifts
unlike other health care providers.

Because polysomnographic technologists provide such a vital service
which often involves, for instance, connecting and monitoring breathing
apparatus, the State Education Department (SED) has mandated that these
technologists demonstrate the appropriate training and experience
through a state licensure and registration regulatory scheme. SED has
determined that if a legislative solution does not occur, persons who
provide polysomnographic services without the appropriate license could
be prosecuted for illegal practice and licensed health care providers
who assist in such practice may be charged with professional misconduct.
As a result, enactment of this bill is essential in the current legisla-
tive session to ensure the continuation of the important work by poly-
somnographie technologists and that state resources are not diminished
in enforcing against well-intentioned and qualified health care practi-
tioners.

This bill would require the licensure and registration of the profession
of polysomnographic technology with an emphasis on ensuring that poly-
somnographic technologists practicing in New York State are adequately
educated, trained, supervised and regulated for the protection of
patients under their care. It would make certain that they are both
competent and qualified to work with patients and in cooperation with
other health care providers, who similarly are required by law to be
qualified and regulated by SED or the State Health Department.

PRIOR LEGISLATIVE HISTORY: 2008: A10961-A/S.8037-A Referred to Higher
Education

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect on the five hundred forty-
fifth day after it shall have become law; provided, however, that effec-

tive immediately the addition, amendment and/or repeal of any rule or
regulation necessary for the implementation of this act on its effective
date is authorized and directed to be made and completed on or before
such effective date; provided further, however, subdivision 2 of section
8805 of the education law, as added by section one of this act, shall
not take effect until such time as there are at least four licensure
qualifying associate degree programs, acceptable to the department of
education, in polysomnographic technology operated by accredited
colleges universities in the state.

2009-A9546 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9546

                          I N  A S S E M B L Y

                            January 14, 2010
                               ___________

Introduced  by  M. of A. HOYT -- read once and referred to the Committee
  on Higher Education

AN ACT to amend the education law, in relation to licensing the practice
  of polysomnographic technology

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new article 167 to
read as follows:
                               ARTICLE 167
                  POLYSOMNOGRAPHIC TECHNOLOGY PRACTICE
SECTION 8800. INTRODUCTION.
        8801. DEFINITIONS.
        8802. PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGY.
        8803. USE OF THE TITLE "POLYSOMNOGRAPHIC TECHNOLOGIST".
        8804. STATE COMMITTEE FOR POLYSOMNOGRAPHIC TECHNOLOGY.
        8805. REQUIREMENTS AND PROCEDURES FOR PROFESSIONAL LICENSURE AND
                REGISTRATION.
        8806. LIMITED PERMITS.
        8807. EXEMPTIONS.
        8808. SPECIAL PROVISIONS.
        8809. MANDATORY CONTINUING EDUCATION.
  S 8800. INTRODUCTION.  THIS  ARTICLE  APPLIES  TO  THE  PROFESSION  OF
LICENSED POLYSOMNOGRAPHIC TECHNOLOGY. THE  GENERAL  PROVISIONS  FOR  ALL
PROFESSIONS  CONTAINED IN ARTICLE ONE HUNDRED THIRTY OF THIS TITLE APPLY
TO THIS ARTICLE.
  S 8801. DEFINITIONS. AS USED IN THIS ARTICLE:
  1. THE TERM "PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGY" SHALL  MEAN  THE
PROCESS  OF  ANALYZING, SCORING, MONITORING AND RECORDING OF PHYSIOLOGIC
DATA DURING SLEEP AND WAKEFULNESS TO ASSIST IN THE  CLINICAL  ASSESSMENT
AND DIAGNOSIS OF SLEEP/WAKE DISORDERS AND OTHER DISORDERS, SYNDROMES AND
DYSFUNCTIONS  THAT  EITHER  ARE  SLEEP RELATED, MANIFEST DURING SLEEP OR
DISRUPT NORMAL SLEEP/WAKE CYCLES AND ACTIVITIES.
  2. THE TERM "PRACTICE OF THE PROFESSION OF POLYSOMNOGRAPHIC  TECHNOLO-
GY"  SHALL MEAN THE PROFESSIONAL SERVICES PRACTICED IN ANY SETTING UNDER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD15409-01-0

A. 9546                             2

THE DIRECTION AND SUPERVISION OF  A  LICENSED  PHYSICIAN  INVOLVING  THE
MONITORING,  TESTING  AND  TREATMENT  OF  INDIVIDUALS SUFFERING FROM ANY
SLEEP DISORDER AS LISTED IN AN  AUTHORITATIVE  CLASSIFICATION  OF  SLEEP
DISORDERS  ACCEPTABLE TO THE DEPARTMENT. SUCH PROCEDURES INCLUDE BUT ARE
NOT LIMITED TO:
  (A) APPLICATION OF ELECTRODES AND APPARATUS NECESSARY TO  MONITOR  AND
EVALUATE SLEEP DISTURBANCES, INCLUDING APPLICATION OF DEVICES THAT ALLOW
A  PHYSICIAN  TO  DIAGNOSE  AND  TREAT  SLEEP DISORDERS, WHICH DISORDERS
INCLUDE BUT SHALL NOT BE LIMITED TO INSOMNIA, SLEEP BREATHING DISORDERS,
MOVEMENT DISORDERS, DISORDERS OF EXCESSIVE SOMNOLENCE, AND PARASOMNIAS;
  (B) INSTITUTION OF ANY TYPE OF PHYSIOLOGIC  MONITORING  APPLICABLE  TO
POLYSOMNOGRAPHY  INCLUDING THE THERAPEUTIC AND DIAGNOSTIC USE OF OXYGEN,
CONTINUOUS POSITIVE AIRWAY PRESSURE (CPAP) AND BI-LEVEL POSITIVE  AIRWAY
PRESSURE (BIPAP) OF NON-VENTILATED PATIENTS;
  (C)   INITIATION  OF  CARDIOPULMONARY  RESUSCITATION,  MAINTENANCE  OF
PATIENT'S AIRWAY (WHICH DOES NOT INCLUDE ENDOTRACHEAL INTUBATION), TRAN-
SCRIPTION AND IMPLEMENTATION OF PHYSICIAN ORDERS PERTAINING TO THE PRAC-
TICE OF POLYSOMNOGRAPHIC TECHNOLOGY;
  (D) INITIATION OF TREATMENT CHANGES AND  TESTING  TECHNIQUES  REQUIRED
FOR THE IMPLEMENTATION OF POLYSOMNOGRAPHIC PROTOCOLS UNDER THE DIRECTION
AND  SUPERVISION OF A LICENSED PHYSICIAN WHO SPECIALIZES IN THE PRACTICE
OF SLEEP MEDICINE; AND
  (E) EDUCATION OF PATIENTS, FAMILY AND PUBLIC  ON  THE  PROCEDURES  AND
TREATMENTS  USED  DURING POLYSOMNOGRAPHIC TECHNOLOGY OR ANY EQUIPMENT OR
PROCEDURE USED FOR THE TREATMENT OF ANY SLEEP DISORDER.
  S 8802. PRACTICE  OF  POLYSOMNOGRAPHIC  TECHNOLOGY.  ONLY   A   PERSON
LICENSED  AND  REGISTERED  OR  EXEMPT  UNDER THIS ARTICLE SHALL PRACTICE
POLYSOMNOGRAPHIC TECHNOLOGY.
  S 8803. USE OF  THE  TITLE  "POLYSOMNOGRAPHIC  TECHNOLOGIST".  ONLY  A
PERSON  LICENSED  UNDER THIS ARTICLE SHALL USE THE TITLE "LICENSED POLY-
SOMNOGRAPHIC   TECHNOLOGIST,"   "POLYSOMNOGRAPHIC   TECHNOLOGIST,"    OR
"LICENSED SLEEP TECH".
  S 8804. STATE  COMMITTEE  FOR  POLYSOMNOGRAPHIC TECHNOLOGY. 1. A STATE
COMMITTEE FOR POLYSOMNOGRAPHIC TECHNOLOGY  SHALL  BE  APPOINTED  BY  THE
BOARD  OF  REGENTS UPON THE RECOMMENDATION OF THE COMMISSIONER AND SHALL
ASSIST ON MATTERS OF PROFESSIONAL LICENSING,  PRACTICE  AND  CONDUCT  IN
ACCORDANCE WITH SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE.
  2.  NOTWITHSTANDING THE PROVISIONS OF SECTION SIXTY-FIVE HUNDRED EIGHT
OF THIS TITLE, THE COMMITTEE SHALL ASSIST THE STATE BOARD  FOR  MEDICINE
SOLELY  IN  POLYSOMNOGRAPHIC  TECHNOLOGY MATTERS, WHICH BOARD SHALL ALSO
FUNCTION AS THE STATE BOARD FOR POLYSOMNOGRAPHIC TECHNOLOGY. ANY  MEMBER
OF THE FIRST BOARD APPOINTED WHO IS A POLYSOMNOGRAPHIC TECHNOLOGIST NEED
NOT  BE  LICENSED  PRIOR  TO APPOINTMENT ON THE BOARD; PROVIDED HOWEVER,
THAT ANY FIRST APPOINTED POLYSOMNOGRAPHIC TECHNOLOGIST SHALL  BE  REGIS-
TERED  BY  A  NATIONAL CERTIFYING OR ACCREDITING BOARD ACCEPTABLE TO THE
DEPARTMENT.
  3. THE COMMITTEE SHALL CONSIST OF NINE INDIVIDUALS, TO BE COMPOSED  OF
THE FOLLOWING:
  (A) FIVE LICENSED POLYSOMNOGRAPHIC TECHNOLOGISTS, WHO ARE NOT LICENSED
TO PRACTICE ANY OTHER PROFESSION REGULATED PURSUANT TO THIS TITLE;
  (B) TWO LICENSED RESPIRATORY THERAPISTS WHO HAVE TRAINING AND/OR EXPE-
RIENCE IN THE DIAGNOSIS OR TREATMENT OF SLEEP DISORDERS;
  (C)  ONE  LICENSED PHYSICIAN WHO PRACTICES IN THE FIELD OF SLEEP MEDI-
CINE; AND
  (D) A REPRESENTATIVE OF THE PUBLIC AT LARGE.

A. 9546                             3

  S 8805. REQUIREMENTS AND PROCEDURES  FOR  PROFESSIONAL  LICENSURE  AND
REGISTRATION. 1. TO QUALIFY FOR A LICENSE AS A LICENSED POLYSOMNOGRAPHIC
TECHNOLOGIST, AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
  (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
  (B)  EDUCATION:  (I)  RECEIVED AN ASSOCIATE DEGREE IN POLYSOMNOGRAPHIC
TECHNOLOGY FROM A PROGRAM REGISTERED BY THE DEPARTMENT, OR ANOTHER ASSO-
CIATE DEGREE PROGRAM DETERMINED BY THE DEPARTMENT  TO  BE  SUBSTANTIALLY
EQUIVALENT,  FROM AN ACCREDITED COLLEGE OR UNIVERSITY IN ACCORDANCE WITH
THE COMMISSIONER'S REGULATIONS; PROVIDED HOWEVER,  THAT  THIS  EDUCATION
REQUIREMENT  SHALL  NOT BECOME EFFECTIVE UNTIL SUCH TIME AS THERE ARE AT
LEAST FOUR LICENSURE QUALIFYING ASSOCIATE DEGREE PROGRAMS ACCEPTABLE  TO
THE  DEPARTMENT  IN  POLYSOMNOGRAPHIC  TECHNOLOGY OPERATED BY ACCREDITED
COLLEGES OR UNIVERSITIES IN THE STATE; OR
  (II) COMPLETED A COURSE OF STUDY SUBSTANTIALLY EQUIVALENT TO AN  ASSO-
CIATE  DEGREE  PROGRAM  DETERMINED TO BE ACCEPTABLE PURSUANT TO SUBPARA-
GRAPH (I) OF THIS PARAGRAPH, AND WHICH IS SATISFACTORY  TO  THE  COMMIS-
SIONER  AND  IN  ACCORDANCE  WITH THE COMMISSIONER'S REGULATIONS FOR THE
PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGY;
  (C) EXPERIENCE: HAVE EXPERIENCE  SATISFACTORY  TO  THE  BOARD  AND  IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  (D)  EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  (E) AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
  (F) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
  (G) FEE: PAY A ONE-TIME FEE OF THREE HUNDRED DOLLARS FOR LICENSURE.
  2. EXCEPT AS PROVIDED IN SECTION EIGHTY-EIGHT HUNDRED  SEVEN  OF  THIS
ARTICLE,  EACH  LICENSED POLYSOMNOGRAPHIC TECHNOLOGIST SHALL BE REQUIRED
TO REGISTER TRIENNIALLY WITH THE DEPARTMENT TO PRACTICE  IN  THE  STATE,
AND  SHALL  PAY A FEE OF THREE HUNDRED DOLLARS FOR EACH TRIENNIAL REGIS-
TRATION PERIOD.
  S 8806. LIMITED PERMITS. LIMITED PERMITS MAY BE ISSUED BY THE  DEPART-
MENT TO ELIGIBLE APPLICANTS, AS FOLLOWS:
  1.  ELIGIBILITY:  A PERSON WHO FULFILLS ALL REQUIREMENTS FOR A LICENSE
AS A POLYSOMNOGRAPHIC TECHNOLOGIST EXCEPT THOSE RELATING TO  EXAMINATION
SHALL BE ELIGIBLE FOR A LIMITED PERMIT;
  2.  LIMIT  OF  PRACTICE:  ALL PRACTICE UNDER A LIMITED PERMIT SHALL BE
UNDER THE DIRECTION AND SUPERVISION OF A  LICENSED  PHYSICIAN  AND  ONLY
WHILE  UNDER  THE  DIRECT  AND  IMMEDIATE  SUPERVISION  OF A HEALTH CARE
PROVIDER REGULATED PURSUANT TO THIS TITLE INCLUDING, BUT NOT LIMITED TO,
A PHYSICIAN, POLYSOMNOGRAPHIC TECHNOLOGIST,  REGISTERED  NURSE,  RESPIR-
ATORY  THERAPIST,  AND  NURSE  PRACTITIONER;  PROVIDED HOWEVER, THAT THE
TASKS OR RESPONSIBILITIES SUPERVISED BY THE  HEALTH  CARE  PROVIDER  ARE
WITHIN THE SCOPE OF HIS OR HER PRACTICE;
  3.  DURATION:  A LIMITED PERMIT SHALL BE VALID FOR ONE YEAR AND MAY BE
RENEWED FOR ONE ADDITIONAL YEAR; AND
  4. FEE: THE FEE FOR EACH LIMITED PERMIT AND FOR EACH RENEWAL SHALL  BE
FIFTY DOLLARS.
  S 8807. EXEMPTIONS. THIS ARTICLE SHALL NOT PROHIBIT:
  1. THE PRACTICE OF LICENSED POLYSOMNOGRAPHIC TECHNOLOGY AS AN INTEGRAL
PART OF A PROGRAM OF STUDY BY STUDENTS ENROLLED IN REGISTERED POLYSOMNO-
GRAPHIC  TECHNOLOGY  EDUCATION  PROGRAMS  OR REGISTERED RESPIRATORY CARE
PROGRAMS;
  2. THE PERFORMANCE OF ANY OF THE FUNCTIONS INCLUDED IN THE  DEFINITION
OF  POLYSOMNOGRAPHIC TECHNOLOGY BY ANY OTHER DULY LICENSED, CERTIFIED OR

A. 9546                             4

REGISTERED HEALTH CARE PROVIDER, PROVIDED THAT SUCH FUNCTIONS ARE WITHIN
THE SCOPE OF HER OR HIS PRACTICE;
  3.  THE PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGY BY ANY LEGALLY AUTHOR-
IZED POLYSOMNOGRAPHIC PRACTITIONER OF ANY OTHER STATE OR  TERRITORY  WHO
IS  SERVING  IN  THE  ARMED  FORCES  OR THE PUBLIC HEALTH SERVICE OF THE
UNITED STATES OR WHO IS EMPLOYED BY THE VETERAN'S ADMINISTRATION,  WHILE
ENGAGED IN THE PERFORMANCE OF SUCH DUTIES;
  4.  THE  PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGY BY A LICENSED RESPIR-
ATORY THERAPIST OR A RESPIRATORY THERAPY TECHNICIAN; AND
  5. THE PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGY  FOR  THE  PURPOSES  OF
CLINICAL  RESEARCH,  PROVIDED  THAT  THE RESEARCH HAS BEEN APPROVED BY A
DULY AUTHORIZED INSTITUTIONAL REVIEW BOARD AND SUCH  PRACTICE  IS  UNDER
THE DIRECTION AND SUPERVISION OF A LICENSED PHYSICIAN.
  S 8808. SPECIAL  PROVISIONS.  A PERSON SHALL BE LICENSED WITHOUT EXAM-
INATION OR SATISFYING THE EDUCATION REQUIREMENT,  PROVIDED  THAT  WITHIN
ONE   YEAR  OF  THE  EFFECTIVE  DATE  OF  REGULATIONS  IMPLEMENTING  THE
PROVISIONS OF THIS ARTICLE, THE INDIVIDUAL MEETS THE FOLLOWING  REQUIRE-
MENTS:
  1.  FILES  AN APPLICATION AND PAYS THE APPROPRIATE FEES TO THE DEPART-
MENT;
  2. IS CERTIFIED BY A NATIONAL  CERTIFYING  OR  ACCREDITING  BOARD  FOR
POLYSOMNOGRAPHY ACCEPTABLE TO THE DEPARTMENT; AND
  3.  HAS  PRACTICED POLYSOMNOGRAPHIC TECHNOLOGY UNDER THE DIRECTION AND
SUPERVISION OF A LICENSED PHYSICIAN WHO SPECIALIZES IN THE  PRACTICE  OF
SLEEP  MEDICINE  FOR NOT LESS THAN EIGHTEEN MONTHS WITHIN THE LAST THREE
YEARS; PROVIDED HOWEVER, SUCH EXPERIENCE SHALL NOT BE  ACCEPTABLE  AFTER
DECEMBER THIRTY-FIRST, TWO THOUSAND TWELVE.
  S 8809. MANDATORY CONTINUING EDUCATION. 1. A LICENSED POLYSOMNOGRAPHIC
TECHNOLOGIST  REQUIRED  UNDER  THIS ARTICLE TO REGISTER TRIENNIALLY WITH
THE DEPARTMENT SHALL COMPLY WITH THE PROVISIONS OF THE MANDATORY CONTIN-
UING EDUCATION REQUIREMENTS  PRESCRIBED  IN  SUBDIVISION  FOUR  OF  THIS
SECTION  EXCEPT  AS  SET  FORTH  IN  SUBDIVISIONS  TWO AND THREE OF THIS
SECTION. A LICENSED POLYSOMNOGRAPHIC TECHNOLOGIST WHO DOES  NOT  SATISFY
THE MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT PRACTICE UNTIL
HE  OR  SHE  HAS  MET SUCH REQUIREMENTS, AND HE OR SHE HAS BEEN ISSUED A
REGISTRATION CERTIFICATE, EXCEPT THAT A LICENSED POLYSOMNOGRAPHIC  TECH-
NOLOGIST  MAY PRACTICE WITHOUT HAVING MET SUCH REQUIREMENTS IF HE OR SHE
IS ISSUED A CONDITIONAL REGISTRATION CERTIFICATE PURSUANT TO SUBDIVISION
FIVE OF THIS SECTION.
  2. A LICENSED POLYSOMNOGRAPHIC TECHNOLOGIST SHALL BE EXEMPT  FROM  THE
MANDATORY  CONTINUING  EDUCATION REQUIREMENT FOR THE TRIENNIAL REGISTRA-
TION PERIOD DURING WHICH HE OR SHE IS FIRST LICENSED. IN ACCORD WITH THE
INTENT OF THIS SECTION, ADJUSTMENT TO THE MANDATORY CONTINUING EDUCATION
REQUIREMENT MAY BE GRANTED BY  THE  DEPARTMENT  FOR  REASONS  OF  HEALTH
CERTIFIED  BY  AN  APPROPRIATE  HEALTH  CARE  PROFESSIONAL, FOR EXTENDED
ACTIVE DUTY WITH THE ARMED FORCES OF THE UNITED  STATES,  OR  FOR  OTHER
GOOD CAUSE ACCEPTABLE TO THE DEPARTMENT WHICH MAY PREVENT COMPLIANCE.
  3.  A  LICENSED POLYSOMNOGRAPHIC TECHNOLOGIST NOT ENGAGED IN THE PRAC-
TICE OF POLYSOMNOGRAPHIC TECHNOLOGY, AS DETERMINED  BY  THE  DEPARTMENT,
SHALL BE EXEMPT FROM THE MANDATORY CONTINUING EDUCATION REQUIREMENT UPON
THE  FILING OF A STATEMENT WITH THE DEPARTMENT DECLARING SUCH STATUS.  A
LICENSEE WHO RETURNS TO  THE  PRACTICE  OF  POLYSOMNOGRAPHIC  TECHNOLOGY
DURING  THE  TRIENNIAL  REGISTRATION  PERIOD SHALL NOTIFY THE DEPARTMENT
PRIOR TO REENTERING THE PROFESSION AND SHALL MEET SUCH MANDATORY  EDUCA-
TION REQUIREMENTS IN ACCORDANCE WITH COMMISSIONER'S REGULATIONS.

A. 9546                             5

  4.  DURING  EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
TRATION AS A LICENSED POLYSOMNOGRAPHIC  TECHNOLOGIST  SHALL  COMPLETE  A
MINIMUM  OF TWENTY-FOUR HOURS OF ACCEPTABLE FORMAL CONTINUING EDUCATION,
AS SPECIFIED IN SUBDIVISION SIX OF THIS SECTION. A LICENSEE WHO HAS  NOT
SATISFIED  THE  MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT BE
ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY THE DEPARTMENT AND  SHALL
NOT  PRACTICE UNLESS AND UNTIL A CONDITIONAL REGISTRATION CERTIFICATE IS
ISSUED, AS PROVIDED FOR IN SUBDIVISION FIVE OF THIS SECTION.  CONTINUING
EDUCATION  HOURS  TAKEN DURING ONE TRIENNIUM MAY NOT BE TRANSFERRED TO A
SUBSEQUENT TRIENNIUM.
  5. THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A  CONDITIONAL  REGIS-
TRATION  TO A LICENSEE WHO FAILS TO MEET THE MANDATORY CONTINUING EDUCA-
TION REQUIREMENTS ESTABLISHED IN SUBDIVISION ONE OF THIS SECTION BUT WHO
AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL EDUCATION
WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDITIONAL  REGIS-
TRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIEN-
NIAL  REGISTRATION.  THE DURATION OF SUCH CONDITIONAL REGISTRATION SHALL
BE DETERMINED BY THE DEPARTMENT BUT SHALL NOT  EXCEED  ONE  YEAR.    ANY
LICENSEE  WHO  IS  NOTIFIED OF THE DENIAL OF REGISTRATION FOR FAILURE TO
SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF MANDATORY CONTINUING
EDUCATION AND WHO PRACTICES WITHOUT SUCH REGISTRATION, MAY BE SUBJECT TO
DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED  TEN  OF
THIS TITLE.
  6.  AS  USED  IN  SUBDIVISION FOUR OF THIS SECTION, "ACCEPTABLE FORMAL
CONTINUING EDUCATION"  SHALL  MEAN  FORMAL  COURSES  OF  LEARNING  WHICH
CONTRIBUTE  TO  PROFESSIONAL PRACTICE IN POLYSOMNOGRAPHIC TECHNOLOGY AND
WHICH MEET THE STANDARDS PRESCRIBED BY REGULATIONS OF THE  COMMISSIONER.
SUCH  FORMAL COURSES OF LEARNING SHALL INCLUDE, BUT SHALL NOT BE LIMITED
TO, COLLEGIATE LEVEL CREDIT AND NON-CREDIT COURSES, PROFESSIONAL  DEVEL-
OPMENT  PROGRAMS  AND  TECHNICAL SESSIONS OFFERED BY NATIONAL, STATE AND
LOCAL PROFESSIONAL ASSOCIATIONS AND OTHER  ORGANIZATIONS  ACCEPTABLE  TO
THE  DEPARTMENT,  AND  ANY  OTHER  ORGANIZED  EDUCATIONAL  AND TECHNICAL
PROGRAMS ACCEPTABLE TO  THE  DEPARTMENT.  THE  DEPARTMENT  MAY,  IN  ITS
DISCRETION  AND AS NEEDED TO CONTRIBUTE TO THE HEALTH AND WELFARE OF THE
PUBLIC, REQUIRE  THE  COMPLETION  OF  CONTINUING  EDUCATION  COURSES  IN
SPECIFIC SUBJECTS TO FULFILL THE MANDATORY CONTINUING EDUCATION REQUIRE-
MENT.  COURSES  MUST BE TAKEN FROM A SPONSOR APPROVED BY THE DEPARTMENT,
PURSUANT TO THE REGULATIONS OF THE COMMISSIONER.
  7. A LICENSED POLYSOMNOGRAPHIC TECHNOLOGIST  SHALL  MAINTAIN  ADEQUATE
DOCUMENTATION  OF  COMPLETION  OF ACCEPTABLE FORMAL CONTINUING EDUCATION
AND SHALL PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF  THE  DEPARTMENT.
FAILURE TO PROVIDE SUCH DOCUMENTATION UPON THE REQUEST OF THE DEPARTMENT
SHALL BE AN ACT OF MISCONDUCT SUBJECT TO DISCIPLINARY PROCEEDINGS PURSU-
ANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
  S  2. This act shall take effect one year after it shall have become a
law; provided further, that subdivision 2 of section 8805 of the  educa-
tion law as added by section one of this act shall not take effect until
such  time  as  there  are  at least four licensure qualifying associate
degree programs, acceptable to the department of education, in  polysom-
nographic  technology operated by accredited colleges or universities in
the state; provided further, however, that the department  of  education
shall  notify the legislative bill drafting commission upon the creation
of four acceptable qualifying associate degree programs  in  order  that
the  commission  may maintain an accurate and timely effective data base
of the official text of the laws of the state of New York in furtherance
of effectuating the provisions of section 44 of the legislative law  and

A. 9546                             6

section 70-b of the public officers law. Effective immediately the addi-
tion,  amendment  and/or  repeal of any rule or regulation necessary for
the implementation of this act on its effective date is authorized to be
made on or before such effective date.

2009-A9546A (ACTIVE) - Details

See Senate Version of this Bill:: S7047
Current Committee:: Assembly Higher Education
Law Section:: Education Law
Laws Affected:: Add Art 167 §§8800 - 8809, Ed L
Versions Introduced in 2011-2012 Legislative Session:: A354

2009-A9546A (ACTIVE) - Summary

2009-A9546A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9546--A

                          I N  A S S E M B L Y

                            January 14, 2010
                               ___________

Introduced  by  M. of A. HOYT -- read once and referred to the Committee
  on Higher Education -- committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the education law, in relation to licensing the practice
  of polysomnographic technology

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new article 167 to
read as follows:
                               ARTICLE 167
                  POLYSOMNOGRAPHIC TECHNOLOGY PRACTICE
SECTION 8800. INTRODUCTION.
        8801. DEFINITIONS.
        8802. PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGY.
        8803. USE OF THE TITLE "POLYSOMNOGRAPHIC TECHNOLOGIST".
        8804. STATE COMMITTEE FOR POLYSOMNOGRAPHIC TECHNOLOGY.
        8805. REQUIREMENTS AND PROCEDURES FOR PROFESSIONAL LICENSURE AND
                REGISTRATION.
        8806. LIMITED PERMITS.
        8807. EXEMPTIONS.
        8808. SPECIAL PROVISIONS.
        8809. MANDATORY CONTINUING EDUCATION.
  S 8800. INTRODUCTION.  THIS  ARTICLE  APPLIES  TO  THE  PROFESSION  OF
LICENSED  POLYSOMNOGRAPHIC  TECHNOLOGY.  THE  GENERAL PROVISIONS FOR ALL
PROFESSIONS CONTAINED IN ARTICLE ONE HUNDRED THIRTY OF THIS TITLE  APPLY
TO THIS ARTICLE.
  S 8801. DEFINITIONS. AS USED IN THIS ARTICLE:
  1.  THE  TERM "PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGY" SHALL MEAN THE
PROCESS OF ANALYZING, SCORING, MONITORING AND RECORDING  OF  PHYSIOLOGIC
DATA  DURING  SLEEP AND WAKEFULNESS TO ASSIST IN THE CLINICAL ASSESSMENT
AND DIAGNOSIS OF SLEEP/WAKE DISORDERS AND OTHER DISORDERS, SYNDROMES AND
DYSFUNCTIONS THAT EITHER ARE SLEEP RELATED,  MANIFEST  DURING  SLEEP  OR
DISRUPT NORMAL SLEEP/WAKE CYCLES AND ACTIVITIES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15409-02-0

A. 9546--A                          2

  2.  THE TERM "PRACTICE OF THE PROFESSION OF POLYSOMNOGRAPHIC TECHNOLO-
GY" SHALL MEAN THE PROFESSIONAL SERVICES PRACTICED IN ANY SETTING  UNDER
THE  DIRECTION  AND  SUPERVISION  OF  A LICENSED PHYSICIAN INVOLVING THE
MONITORING, TESTING AND TREATMENT  OF  INDIVIDUALS  SUFFERING  FROM  ANY
SLEEP  DISORDER  AS  LISTED  IN AN AUTHORITATIVE CLASSIFICATION OF SLEEP
DISORDERS ACCEPTABLE TO THE DEPARTMENT. SUCH PROCEDURES INCLUDE BUT  ARE
NOT LIMITED TO:
  (A)  APPLICATION  OF ELECTRODES AND APPARATUS NECESSARY TO MONITOR AND
EVALUATE SLEEP DISTURBANCES, INCLUDING APPLICATION OF DEVICES THAT ALLOW
A PHYSICIAN TO DIAGNOSE  AND  TREAT  SLEEP  DISORDERS,  WHICH  DISORDERS
INCLUDE BUT SHALL NOT BE LIMITED TO INSOMNIA, SLEEP BREATHING DISORDERS,
MOVEMENT DISORDERS, DISORDERS OF EXCESSIVE SOMNOLENCE, AND PARASOMNIAS;
  (B)  INSTITUTION  OF  ANY TYPE OF PHYSIOLOGIC MONITORING APPLICABLE TO
POLYSOMNOGRAPHY INCLUDING THE THERAPEUTIC AND DIAGNOSTIC USE OF  OXYGEN,
CONTINUOUS  POSITIVE AIRWAY PRESSURE (CPAP) AND BI-LEVEL POSITIVE AIRWAY
PRESSURE (BIPAP) OF NON-VENTILATED PATIENTS;
  (C)  INITIATION  OF  CARDIOPULMONARY  RESUSCITATION,  MAINTENANCE   OF
PATIENT'S AIRWAY (WHICH DOES NOT INCLUDE ENDOTRACHEAL INTUBATION), TRAN-
SCRIPTION AND IMPLEMENTATION OF PHYSICIAN ORDERS PERTAINING TO THE PRAC-
TICE OF POLYSOMNOGRAPHIC TECHNOLOGY;
  (D)  INITIATION  OF  TREATMENT CHANGES AND TESTING TECHNIQUES REQUIRED
FOR THE IMPLEMENTATION OF POLYSOMNOGRAPHIC PROTOCOLS UNDER THE DIRECTION
AND SUPERVISION OF A LICENSED PHYSICIAN WHO SPECIALIZES IN THE  PRACTICE
OF SLEEP MEDICINE; AND
  (E)  EDUCATION  OF  PATIENTS,  FAMILY AND PUBLIC ON THE PROCEDURES AND
TREATMENTS USED DURING POLYSOMNOGRAPHIC TECHNOLOGY OR ANY  EQUIPMENT  OR
PROCEDURE USED FOR THE TREATMENT OF ANY SLEEP DISORDER.
  S 8802. PRACTICE   OF   POLYSOMNOGRAPHIC  TECHNOLOGY.  ONLY  A  PERSON
LICENSED AND REGISTERED OR EXEMPT  UNDER  THIS  ARTICLE  SHALL  PRACTICE
POLYSOMNOGRAPHIC TECHNOLOGY.
  S 8803. USE  OF  THE  TITLE  "POLYSOMNOGRAPHIC  TECHNOLOGIST".  ONLY A
PERSON LICENSED UNDER THIS ARTICLE SHALL USE THE TITLE  "LICENSED  POLY-
SOMNOGRAPHIC    TECHNOLOGIST,"   "POLYSOMNOGRAPHIC   TECHNOLOGIST,"   OR
"LICENSED SLEEP TECH".
  S 8804. STATE COMMITTEE FOR POLYSOMNOGRAPHIC TECHNOLOGY.  1.  A  STATE
COMMITTEE  FOR  POLYSOMNOGRAPHIC  TECHNOLOGY  SHALL  BE APPOINTED BY THE
BOARD OF REGENTS UPON THE RECOMMENDATION OF THE COMMISSIONER  AND  SHALL
ASSIST  ON  MATTERS  OF  PROFESSIONAL LICENSING, PRACTICE AND CONDUCT IN
ACCORDANCE WITH SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE.
  2. NOTWITHSTANDING THE PROVISIONS OF SECTION SIXTY-FIVE HUNDRED  EIGHT
OF  THIS  TITLE, THE COMMITTEE SHALL ASSIST THE STATE BOARD FOR MEDICINE
SOLELY IN POLYSOMNOGRAPHIC TECHNOLOGY MATTERS, WHICH  BOARD  SHALL  ALSO
FUNCTION  AS THE STATE BOARD FOR POLYSOMNOGRAPHIC TECHNOLOGY. ANY MEMBER
OF THE FIRST BOARD APPOINTED WHO IS A POLYSOMNOGRAPHIC TECHNOLOGIST NEED
NOT BE LICENSED PRIOR TO APPOINTMENT ON  THE  BOARD;  PROVIDED  HOWEVER,
THAT  ANY  FIRST APPOINTED POLYSOMNOGRAPHIC TECHNOLOGIST SHALL BE REGIS-
TERED BY A NATIONAL CERTIFYING OR ACCREDITING BOARD  ACCEPTABLE  TO  THE
DEPARTMENT.
  3.  THE COMMITTEE SHALL CONSIST OF NINE INDIVIDUALS, TO BE COMPOSED OF
THE FOLLOWING:
  (A) FIVE LICENSED POLYSOMNOGRAPHIC TECHNOLOGISTS, WHO ARE NOT LICENSED
TO PRACTICE ANY OTHER PROFESSION REGULATED PURSUANT TO THIS TITLE;
  (B) TWO LICENSED RESPIRATORY THERAPISTS WHO HAVE TRAINING AND/OR EXPE-
RIENCE IN THE DIAGNOSIS OR TREATMENT OF SLEEP DISORDERS;
  (C) ONE LICENSED PHYSICIAN WHO PRACTICES IN THE FIELD OF  SLEEP  MEDI-
CINE; AND

A. 9546--A                          3

  (D) A REPRESENTATIVE OF THE PUBLIC AT LARGE.
  S 8805. REQUIREMENTS  AND  PROCEDURES  FOR  PROFESSIONAL LICENSURE AND
REGISTRATION. 1. TO QUALIFY FOR A LICENSE AS A LICENSED POLYSOMNOGRAPHIC
TECHNOLOGIST, AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
  (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
  (B) EDUCATION: (I) RECEIVED AN ASSOCIATE  DEGREE  IN  POLYSOMNOGRAPHIC
TECHNOLOGY FROM A PROGRAM REGISTERED BY THE DEPARTMENT, OR ANOTHER ASSO-
CIATE  DEGREE  PROGRAM  DETERMINED BY THE DEPARTMENT TO BE SUBSTANTIALLY
EQUIVALENT, FROM AN ACCREDITED COLLEGE OR UNIVERSITY IN ACCORDANCE  WITH
THE  COMMISSIONER'S  REGULATIONS;  PROVIDED HOWEVER, THAT THIS EDUCATION
REQUIREMENT SHALL NOT BECOME EFFECTIVE UNTIL SUCH TIME AS THERE  ARE  AT
LEAST  FOUR LICENSURE QUALIFYING ASSOCIATE DEGREE PROGRAMS ACCEPTABLE TO
THE DEPARTMENT IN POLYSOMNOGRAPHIC  TECHNOLOGY  OPERATED  BY  ACCREDITED
COLLEGES OR UNIVERSITIES IN THE STATE; OR
  (II)  COMPLETED A COURSE OF STUDY SUBSTANTIALLY EQUIVALENT TO AN ASSO-
CIATE DEGREE PROGRAM DETERMINED TO BE ACCEPTABLE  PURSUANT  TO  SUBPARA-
GRAPH  (I)  OF  THIS PARAGRAPH, AND WHICH IS SATISFACTORY TO THE COMMIS-
SIONER AND IN ACCORDANCE WITH THE  COMMISSIONER'S  REGULATIONS  FOR  THE
PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGY;
  (C)  EXPERIENCE:  HAVE  EXPERIENCE  SATISFACTORY  TO  THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  (D) EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND  IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  (E) AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
  (F) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
  (G) FEE: PAY A ONE-TIME FEE OF THREE HUNDRED DOLLARS FOR LICENSURE.
  2.  EXCEPT  AS  PROVIDED IN SECTION EIGHTY-EIGHT HUNDRED SEVEN OF THIS
ARTICLE, EACH LICENSED POLYSOMNOGRAPHIC TECHNOLOGIST SHALL  BE  REQUIRED
TO  REGISTER  TRIENNIALLY  WITH THE DEPARTMENT TO PRACTICE IN THE STATE,
AND SHALL PAY A FEE OF THREE HUNDRED DOLLARS FOR EACH  TRIENNIAL  REGIS-
TRATION PERIOD.
  S 8806. LIMITED  PERMITS. LIMITED PERMITS MAY BE ISSUED BY THE DEPART-
MENT TO ELIGIBLE APPLICANTS, AS FOLLOWS:
  1. ELIGIBILITY: A PERSON WHO FULFILLS ALL REQUIREMENTS FOR  A  LICENSE
AS  A POLYSOMNOGRAPHIC TECHNOLOGIST EXCEPT THOSE RELATING TO EXAMINATION
SHALL BE ELIGIBLE FOR A LIMITED PERMIT;
  2. LIMIT OF PRACTICE: ALL PRACTICE UNDER A  LIMITED  PERMIT  SHALL  BE
UNDER  THE  DIRECTION  AND  SUPERVISION OF A LICENSED PHYSICIAN AND ONLY
WHILE UNDER THE DIRECT  AND  IMMEDIATE  SUPERVISION  OF  A  HEALTH  CARE
PROVIDER REGULATED PURSUANT TO THIS TITLE INCLUDING, BUT NOT LIMITED TO,
A  PHYSICIAN,  POLYSOMNOGRAPHIC  TECHNOLOGIST, REGISTERED NURSE, RESPIR-
ATORY THERAPIST, AND NURSE  PRACTITIONER;  PROVIDED  HOWEVER,  THAT  THE
TASKS  OR  RESPONSIBILITIES  SUPERVISED  BY THE HEALTH CARE PROVIDER ARE
WITHIN THE SCOPE OF HIS OR HER PRACTICE;
  3. DURATION: A LIMITED PERMIT SHALL BE VALID FOR ONE YEAR AND  MAY  BE
RENEWED FOR ONE ADDITIONAL YEAR; AND
  4.  FEE: THE FEE FOR EACH LIMITED PERMIT AND FOR EACH RENEWAL SHALL BE
FIFTY DOLLARS.
  S 8807. EXEMPTIONS. THIS ARTICLE SHALL NOT PROHIBIT:
  1. THE PRACTICE OF LICENSED POLYSOMNOGRAPHIC TECHNOLOGY AS AN INTEGRAL
PART OF A PROGRAM OF STUDY BY STUDENTS ENROLLED IN REGISTERED POLYSOMNO-
GRAPHIC TECHNOLOGY EDUCATION PROGRAMS  OR  REGISTERED  RESPIRATORY  CARE
PROGRAMS;
  2.  THE PERFORMANCE OF ANY OF THE FUNCTIONS INCLUDED IN THE DEFINITION
OF POLYSOMNOGRAPHIC TECHNOLOGY BY ANY OTHER DULY LICENSED, CERTIFIED  OR

A. 9546--A                          4

REGISTERED HEALTH CARE PROVIDER, PROVIDED THAT SUCH FUNCTIONS ARE WITHIN
THE SCOPE OF HER OR HIS PRACTICE;
  3.  THE PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGY BY ANY LEGALLY AUTHOR-
IZED POLYSOMNOGRAPHIC PRACTITIONER OF ANY OTHER STATE OR  TERRITORY  WHO
IS  SERVING  IN  THE  ARMED  FORCES  OR THE PUBLIC HEALTH SERVICE OF THE
UNITED STATES OR WHO IS EMPLOYED BY THE VETERAN'S ADMINISTRATION,  WHILE
ENGAGED IN THE PERFORMANCE OF SUCH DUTIES;
  4.  THE  PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGY BY A LICENSED RESPIR-
ATORY THERAPIST OR A RESPIRATORY THERAPY TECHNICIAN; AND
  5. THE PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGY  FOR  THE  PURPOSES  OF
CLINICAL  RESEARCH,  PROVIDED  THAT  THE RESEARCH HAS BEEN APPROVED BY A
DULY AUTHORIZED INSTITUTIONAL REVIEW BOARD AND SUCH  PRACTICE  IS  UNDER
THE DIRECTION AND SUPERVISION OF A LICENSED PHYSICIAN.
  S 8808. SPECIAL  PROVISIONS.  A PERSON SHALL BE LICENSED WITHOUT EXAM-
INATION OR SATISFYING THE EDUCATION REQUIREMENT,  PROVIDED  THAT  WITHIN
ONE   YEAR  OF  THE  EFFECTIVE  DATE  OF  REGULATIONS  IMPLEMENTING  THE
PROVISIONS OF THIS ARTICLE, THE INDIVIDUAL MEETS THE FOLLOWING  REQUIRE-
MENTS:
  1.  FILES  AN APPLICATION AND PAYS THE APPROPRIATE FEES TO THE DEPART-
MENT;
  2.  IS CERTIFIED BY A NATIONAL CERTIFYING  OR  ACCREDITING  BOARD  FOR
POLYSOMNOGRAPHY ACCEPTABLE TO THE DEPARTMENT, AND HAS PRACTICED POLYSOM-
NOGRAPHY UNDER THE DIRECTION AND SUPERVISION OF A LICENSED PHYSICIAN WHO
SPECIALIZES  IN  THE  PRACTICE  OF SLEEP MEDICINE FOR EIGHTEEN MONTHS OR
MORE IN THE PREVIOUS THREE YEARS; PROVIDED THAT  SUCH  EXPERIENCE  SHALL
NOT  BE  ACCEPTABLE FOR LICENSURE AFTER DECEMBER THIRTY-FIRST, TWO THOU-
SAND ELEVEN; OR
  3. HAS PRACTICED POLYSOMNOGRAPHY UNDER THE DIRECTION  AND  SUPERVISION
OF  A  LICENSED PHYSICIAN WHO SPECIALIZES IN THE PRACTICE OF SLEEP MEDI-
CINE FOR NOT LESS THAN THREE YEARS WITHIN THE LAST FIVE YEARS  PRIOR  TO
THE EFFECTIVE DATE OF THIS ARTICLE.
  S 8809. MANDATORY CONTINUING EDUCATION. 1. A LICENSED POLYSOMNOGRAPHIC
TECHNOLOGIST  REQUIRED  UNDER  THIS ARTICLE TO REGISTER TRIENNIALLY WITH
THE DEPARTMENT SHALL COMPLY WITH THE PROVISIONS OF THE MANDATORY CONTIN-
UING EDUCATION REQUIREMENTS  PRESCRIBED  IN  SUBDIVISION  FOUR  OF  THIS
SECTION  EXCEPT  AS  SET  FORTH  IN  SUBDIVISIONS  TWO AND THREE OF THIS
SECTION. A LICENSED POLYSOMNOGRAPHIC TECHNOLOGIST WHO DOES  NOT  SATISFY
THE MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT PRACTICE UNTIL
HE  OR  SHE  HAS  MET SUCH REQUIREMENTS, AND HE OR SHE HAS BEEN ISSUED A
REGISTRATION CERTIFICATE, EXCEPT THAT A LICENSED POLYSOMNOGRAPHIC  TECH-
NOLOGIST  MAY PRACTICE WITHOUT HAVING MET SUCH REQUIREMENTS IF HE OR SHE
IS ISSUED A CONDITIONAL REGISTRATION CERTIFICATE PURSUANT TO SUBDIVISION
FIVE OF THIS SECTION.
  2. A LICENSED POLYSOMNOGRAPHIC TECHNOLOGIST SHALL BE EXEMPT  FROM  THE
MANDATORY  CONTINUING  EDUCATION REQUIREMENT FOR THE TRIENNIAL REGISTRA-
TION PERIOD DURING WHICH HE OR SHE IS FIRST LICENSED. IN ACCORD WITH THE
INTENT OF THIS SECTION, ADJUSTMENT TO THE MANDATORY CONTINUING EDUCATION
REQUIREMENT MAY BE GRANTED BY  THE  DEPARTMENT  FOR  REASONS  OF  HEALTH
CERTIFIED  BY  AN  APPROPRIATE  HEALTH  CARE  PROFESSIONAL, FOR EXTENDED
ACTIVE DUTY WITH THE ARMED FORCES OF THE UNITED  STATES,  OR  FOR  OTHER
GOOD CAUSE ACCEPTABLE TO THE DEPARTMENT WHICH MAY PREVENT COMPLIANCE.
  3.  A  LICENSED POLYSOMNOGRAPHIC TECHNOLOGIST NOT ENGAGED IN THE PRAC-
TICE OF POLYSOMNOGRAPHIC TECHNOLOGY, AS DETERMINED  BY  THE  DEPARTMENT,
SHALL BE EXEMPT FROM THE MANDATORY CONTINUING EDUCATION REQUIREMENT UPON
THE  FILING OF A STATEMENT WITH THE DEPARTMENT DECLARING SUCH STATUS.  A
LICENSEE WHO RETURNS TO  THE  PRACTICE  OF  POLYSOMNOGRAPHIC  TECHNOLOGY

A. 9546--A                          5

DURING  THE  TRIENNIAL  REGISTRATION  PERIOD SHALL NOTIFY THE DEPARTMENT
PRIOR TO REENTERING THE PROFESSION AND SHALL MEET SUCH MANDATORY  EDUCA-
TION REQUIREMENTS IN ACCORDANCE WITH COMMISSIONER'S REGULATIONS.
  4.  DURING  EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
TRATION AS A LICENSED POLYSOMNOGRAPHIC  TECHNOLOGIST  SHALL  COMPLETE  A
MINIMUM  OF TWENTY-FOUR HOURS OF ACCEPTABLE FORMAL CONTINUING EDUCATION,
AS SPECIFIED IN SUBDIVISION SIX OF THIS SECTION. A LICENSEE WHO HAS  NOT
SATISFIED  THE  MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT BE
ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY THE DEPARTMENT AND  SHALL
NOT  PRACTICE UNLESS AND UNTIL A CONDITIONAL REGISTRATION CERTIFICATE IS
ISSUED, AS PROVIDED FOR IN SUBDIVISION FIVE OF THIS SECTION.  CONTINUING
EDUCATION  HOURS  TAKEN DURING ONE TRIENNIUM MAY NOT BE TRANSFERRED TO A
SUBSEQUENT TRIENNIUM.
  5. THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A  CONDITIONAL  REGIS-
TRATION  TO A LICENSEE WHO FAILS TO MEET THE MANDATORY CONTINUING EDUCA-
TION REQUIREMENTS ESTABLISHED IN SUBDIVISION ONE OF THIS SECTION BUT WHO
AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL EDUCATION
WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDITIONAL  REGIS-
TRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIEN-
NIAL  REGISTRATION.  THE DURATION OF SUCH CONDITIONAL REGISTRATION SHALL
BE DETERMINED BY THE DEPARTMENT BUT SHALL NOT  EXCEED  ONE  YEAR.    ANY
LICENSEE  WHO  IS  NOTIFIED OF THE DENIAL OF REGISTRATION FOR FAILURE TO
SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF MANDATORY CONTINUING
EDUCATION AND WHO PRACTICES WITHOUT SUCH REGISTRATION, MAY BE SUBJECT TO
DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED  TEN  OF
THIS TITLE.
  6.  AS  USED  IN  SUBDIVISION FOUR OF THIS SECTION, "ACCEPTABLE FORMAL
CONTINUING EDUCATION"  SHALL  MEAN  FORMAL  COURSES  OF  LEARNING  WHICH
CONTRIBUTE  TO  PROFESSIONAL PRACTICE IN POLYSOMNOGRAPHIC TECHNOLOGY AND
WHICH MEET THE STANDARDS PRESCRIBED BY REGULATIONS OF THE  COMMISSIONER.
SUCH  FORMAL COURSES OF LEARNING SHALL INCLUDE, BUT SHALL NOT BE LIMITED
TO, COLLEGIATE LEVEL CREDIT AND NON-CREDIT COURSES, PROFESSIONAL  DEVEL-
OPMENT  PROGRAMS  AND  TECHNICAL SESSIONS OFFERED BY NATIONAL, STATE AND
LOCAL PROFESSIONAL ASSOCIATIONS AND OTHER  ORGANIZATIONS  ACCEPTABLE  TO
THE  DEPARTMENT,  AND  ANY  OTHER  ORGANIZED  EDUCATIONAL  AND TECHNICAL
PROGRAMS ACCEPTABLE TO  THE  DEPARTMENT.  THE  DEPARTMENT  MAY,  IN  ITS
DISCRETION  AND AS NEEDED TO CONTRIBUTE TO THE HEALTH AND WELFARE OF THE
PUBLIC, REQUIRE  THE  COMPLETION  OF  CONTINUING  EDUCATION  COURSES  IN
SPECIFIC SUBJECTS TO FULFILL THE MANDATORY CONTINUING EDUCATION REQUIRE-
MENT.  COURSES  MUST BE TAKEN FROM A SPONSOR APPROVED BY THE DEPARTMENT,
PURSUANT TO THE REGULATIONS OF THE COMMISSIONER.
  7. A LICENSED POLYSOMNOGRAPHIC TECHNOLOGIST  SHALL  MAINTAIN  ADEQUATE
DOCUMENTATION  OF  COMPLETION  OF ACCEPTABLE FORMAL CONTINUING EDUCATION
AND SHALL PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF  THE  DEPARTMENT.
FAILURE TO PROVIDE SUCH DOCUMENTATION UPON THE REQUEST OF THE DEPARTMENT
SHALL BE AN ACT OF MISCONDUCT SUBJECT TO DISCIPLINARY PROCEEDINGS PURSU-
ANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
  S  2. This act shall take effect one year after it shall have become a
law; provided further, that subdivision 2 of section 8805 of the  educa-
tion law as added by section one of this act shall not take effect until
such  time  as  there  are  at least four licensure qualifying associate
degree programs, acceptable to the department of education, in  polysom-
nographic  technology operated by accredited colleges or universities in
the state; provided further, however, that the department  of  education
shall  notify the legislative bill drafting commission upon the creation
of four acceptable qualifying associate degree programs  in  order  that

A. 9546--A                          6

the  commission  may maintain an accurate and timely effective data base
of the official text of the laws of the state of New York in furtherance
of effectuating the provisions of section 44 of the legislative law  and
section 70-b of the public officers law. Effective immediately the addi-
tion,  amendment  and/or  repeal of any rule or regulation necessary for
the implementation of this act on its effective date is authorized to be
made on or before such effective date.

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Assembly Bill A9546

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

2009-A9546 - Details

2009-A9546 - Summary

2009-A9546 - Sponsor Memo

2009-A9546 - Bill Text download pdf

2009-A9546A (ACTIVE) - Details

2009-A9546A (ACTIVE) - Summary

2009-A9546A (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A9546

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Sponsored By

HOYT

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

2009-A9546 - Details

2009-A9546 - Summary

2009-A9546 - Sponsor Memo

2009-A9546 - Bill Text download pdf

2009-A9546A (ACTIVE) - Details

2009-A9546A (ACTIVE) - Summary

2009-A9546A (ACTIVE) - Bill Text download pdf

Comments